NUISANCE

PUBLIC NUISANCE

1. Dr. Ramraj Singh v Babulal (1982)

P and D neighbours – P had medical practicd – D had wheat- grinding machine – dust
entered lungs of patients suffering from pulmonary diseases – patients suffering more –
public nuisance (pollution) but special damage- liable.

2. Rose v Milles

Budge (huge boat for carrying food grains) across creak – P had a fleet of sheep – P had
to send ships in a roundabout way – more expenditure – special damage in public
nuisance.

3. Campbell v Paddington Corporation (1911)

Funeral procession of King Edward VII by P’s three storey house – P sold tickets to
people for them to come watch procession – D by that time had built seats and standes for
people on the highway – view of highway from P’s building blocked – P filed suit –
public nuisance (blocked highway) but special damage – D liable

4. Winterbottom v Lord Derby

D/A blocking public alleyway – P/R had to sometimes spend more to take roundabout
way – no special damage since P was not suffering special damage than everyone else
taking the roundabout way– not liable.

PRIVATE NUISANCE

1. Radheshyam v Gurprasad (1978)

P filed suit for permanent injunction on construction of flour mill – injunction given even
before nuisance caused – even anticipation of negligence is sufficient

2. S. Chettiyar v Sri Ram Kumar Ginning Farm (1987)

P/R had ginning farm – A/D started a brick kiln – cotton products degraded in quality – P
sought injunction – both had proper license – but reasonable interference – anticipatory
nuisance.
 3. Robinson v Kilvert

Building and warehouse sharing common wall – P manufactured sensitive brownpaper –

D installed new chimney – P’s warehouse temperature raised by 1.5 degree C – brown
paper damaged – extra-sensitive equipment – not liable

4. Stone v Bolton (1949)

P standing on highway- cricket match being played in adjoining field – ball hit P- isolated
act of escape of ball – liable.

5. Rapier v London Tramways Co. (1893)

Intermittent noise – more nuisance than continued noise

6. Mayor of Bradford Corporation v Pickles (1895)

P carrying out construction business – D not fond of it – D bought plot close to P’s land
of work – D created noise intentionally (noise level lawful, but done maliciously) – even
though motive is not important in Torts, but unreasonable interference (lawful but
malicious) – liable (court does not see legality/ illegality).

7. Allen v Flood (1898)

Moment an activity carried on in a property is considered unreasonable interference,

court will not look into questions of legality.

8. Christie v Davy (1893)

P music teacher – P and D had common wall – D could not sleep peacefully – the
moment P gave music lessons, D made noise – liable (had this situation been in case of
two innocent individuals without malicious motive, there would have been no fault)

9. P owned part of forest which had a particular species of fox – vixen sensitive to
noise, especially during breeding season – D stayed in his property and within his
property itself, fired gun during breeding season – no reason to fire gun though
firing is lawful – liable.

10. Webb V bird

D constructed building – P’s ancient windmill lost access to floe of air – right over
unlimited supply of air from neighbour’s land cannot be had unless there is a particular
ventilator or shaft that is being obstructed – not liable.
 11. Bass v Gregory

Shaft of air blocked – liable.

12. Fog v Prentice

Nuisance on highway (meaning any thoroughfare commonly used) – unreasonable (even

if not total) obstruction – causing trouble on or near highway
13. Barber v Penley (1893)

D had cinema hall – huge queues – access to P’s house obstructed – nuisance- as
purchase of tickets in general creates huge queues.

14. Dwyer v Mansfield (1946)

D selling potatoes – long queue – obstruction – not liable as potato purchase in general
does not create huge queues (only due to popularity).

15. Carry v Ashten

P walking on road adjoining D’s house – lamp fell – independent contractor had done a
bad job – the fact that independent contractor had been employed means that D knew
there might be danger – nuisance.